People v. Financial Casualty & Surety, Inc.
Annotate this CaseFinancial Casualty & Surety, Inc. posted a bail bond on behalf of Oscar Grijalva. The bail was subsequently forfeited. Under Cal. Penal Code 1305, the bond would be exonerated if Grijalva appeared in court by the 185th day after the notice was mailed. Five days after the appearance period ended, Financial Casualty moved to extend the period under section 1305.4. The trial court granted an extension for fewer than 180 days. At the end of the extension period, Financial Casualty filed a second extension motion. The trial court denied the second extension motion and entered summary judgment on the bond. The court of appeal affirmed. The Supreme Court affirmed, holding (1) a trial court may weigh the likelihood of apprehension in deciding whether the surety has shown good cause for an extension; (2) because at the time Financial Casualty’s second extension motion was heard fewer than 180 days had passed since the first extension was ordered, the trial court had discretion to grant a further extension; and (3) the trial court did not abuse its discretion in considering, as grounds for denying the extension of the period for exonerating the bail bond, that Financial Casualty had not shown the requests extension was likely to produce Grijalva’s appearance in court.
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